. Members. get my regular DL and Real ID renewed. But, within a matter of 1-2 days, the H4 approval comes through. Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. So since they are not issuing visa stamps - I cant work till they resume the stamping? Eng, Go to company page They couldn't give me a timeline on how long it would take. If asked during the interview, show the I539 receipt. H1B extension approved, H4 extension still pending 04-10-2017, 12:09 AM hi Experts My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. Anything can happen. My H1B is valid until Sept 2021. to show her at that time but however I do have my spouses Approved H1 You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Venkat, It varies by state, you need to check with the state DMV or their website to see, how long you can drive with international DL. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. H1B Transfer and Amendment cases are allowed to stay and work in the US even after 240 days of i94 expiry while their application is pending with USCIS. They are for people who are undocumented. Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. In short for a change of status, you need to have an existing status. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Walmart, Go to company page Attorney did send the withdrawal notice on Feb 24th. Read my comment to know why. If yes, what happens next? . What do you mean by Application and then petition? I am working on trying to find attorneys to work it with. Hey, I am here on L2 and my DL is due in a month time. If I am closing in on the grace period, I believe I can get on H4 and stay on H4 pending status in the US. In this case, you can file another H4 EAD application while your current one is still pending. I am here on period of authorized stay. The answer to the question is no, you cannot travel when your H4 visa is pending. Another question, if H4 COS pending and I have a valid H4 visa stamped and I will go out of the country and come back with H4, does it mean that I am automaticaly in H4 status and the H4COS void? Also DMV takes your finger prints to verify them. I've spoken to an attorney about it. More here: https://www.avvo.com/legal-answers/does-california-ab-60-driver-license-impact-my-gc2346546.html, just get it if you think your approval will take time and you need to drive around (dont drive with a expired license). Be patient, Agree. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. So I just went ahead to the DMV. Your current status is H4 as your H4 application was approved after your H1B. Folks, I am planning to apply H4-EAD renewal for my wife. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. It may not display this or other websites correctly. ? I am in a similar boat. Or h4 visa is essential.? Question is, Is there an option to withdraw my H4 application and then file for an H1B transfer? My H1B 60 days grace period ending this month end. These same individuals may ask that you pay them to file such forms. You should write your most recent H4s i94 number. All rights reserved. H1 extension approval is enough for H4 stamping. Submitted the response for RFE in the month of December. Looking for U.S. government information and services? with the other US states you travel to be safe, if driving outside of California. Thank you guys! Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. Many people have reported that their H4 EAD status changed to New card is being produced when the H4 extension status still shows as Case was received. If so how long did it take?#workvisa #h1b, Go to company page Secure .gov websites use HTTPS A copy of the H-1B nonimmigrants passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. Even when I clicked I do not have SSN, I got the same error. (Lucky me!) any legal presence documents and all that he asked was whether I had an unexpired | Thanks a lot to the user (Anonymous) for sharing their Thanks for your help in advance. Two identical two-by-two-inch passport-style color photographs of yourself. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. Just submitted RFE for L1 renewal. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? My wife visited next week. It helps the community ! Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. After verifying my documents they directed me to a kiosk where I could easily complete the online forms with the friendly staff there to help me when I needed. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. very helpful info. H4 and H4 EAD is still in case was received status, my attorney in saying it will take 2-4 month to get approval for H4 and H4 EAD. Current H4 is still valid till sep-2020. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. For example if maxout left for H1B is only 90 days and if we apply for extension+amendment for those 90 days, can we still stay for 240 days or till USCIS takes decision? Once an applicant submit an application, USCIS has to either reject, deny or approve your application. If your current application is plain Extension, then yes many attorneys suggest to file another amendment or Extension before 240 days end to continue working. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. N.E.W. Ive got the interim license in paper for two months which looks like below and later I received the actual AB 60 Driving License Card. PigletOk1116 7 mo. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. She said this AB-60 license Terms of Service My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. My I 539 expired on 31st dec and the new one is still pending approval. What was the current status in your case? can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). Can H4 stay in the USA after 240 days of the i94 expiry? So now my question is what happened to the days that she worked on H1B status(11/25/2020 - till date) now that her H4 is approved starting 8/13/2020. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. Do not go for Ab-60. I told the lady at the window that Im here for I wasnt charged a late fee (I was one day late) and the DL was real-complaint too And I didnt have to get AB-60 either. I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). Browns Bill about AB-60 License. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. This time the lady at the You cannot assume things just because you did not receive the official letter. I know the wait tests your patience but thats what we signed up for. What are my options now? In my H1B petition they did include the H4 receipt so hoping that may help. originals and my H4 notice receipts. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. The 240-day period is not allowed in the case of H1B 6-year max out time. Your experiences You can look at my previous answer above. In your case, you can get back in H1 status via two ways: Got it. It's been several months since the petition was filed but is still in the same state. The list of documents he So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Which service center was your case processed at? Now I got this H4 approval as I forgot to withdraw H4. H4 is pending and H1B approved. I suggest drive on Indian license since it is valid in CA. HPE, Go to company page H4 i94 can be given based on H1B i797 for extended period. Got decision for both petition on same day with same notice date. CA State AB 60 experiences ? mentioned was. Do you have H4 + EAD to continue your employment ? The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. Posted September 21, 2020. You would receive a new i94 with your H4 extension approval. Read this recent experience shared by our guests when they filed an H4 extension and then another H4 with H1B transfer and attended two separate biometric appointments. AB 60 Driving License option for that. If the employee has any material change like a new work location outside of MSA (Metropolitan Statistical Area), then you would select an amended petition. I have applied for H4 extension on May 7,2021 since H1 is valid only from Oct 1,2021 and I cant stay in US after Sep 24,2021 since H4 expires on Sep 24,2021. A;; the best! If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. I have finally found an employer who is ready to file for. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. She mentioned As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future. Do I need to file a petition or go for visa stamping ? Existing H4 and H4-EAD Validity is currently valid for one more month. So it is possible to travel when H4 is pending. Then they gave me a token number and I had to wait for the next step. H4 visa is expired. I explained that my Drivers License is AB-60 license is for those who dont have all the legally required documents I am in California. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. confident Ill get my renewal. H4 extension was correctly approved by USCIS so that the gap between 24th September (H4 expires) and 1st Oct (change of status to H1B) can be covered by the H4 extension. . I applied in DMV on June 25th and received it on July 2nd. H1-H4-H1 - COS to H1 based on the pending H4 application? The H4 visa holder may work either part-time, full-time or not at all. H4 EAD needs an approved H1B and an approved H4 to be approved. You seem to be on H1B at this point. window when my no was called. Hi can you please share what happened with your COS with a pending H4. Meaning i cant work only on approved H1b , a visa stamp is needed? 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). H4 and EAD approval pending. H1b approved but h4 pending 2021 is a question that has been asked many times. community, please send email to redbus2us@gmail.com or you can post at User I really appreciate it. After you receive your H4 or EAD you can go and renew your regular DL with those docs. 180 days from the Card Expires date on the face of the existing EAD. H4 COS will be automatically abandoned if you exit US for whatever reason. You do not have to pay the Form I-765 filing fee. Generally, you are only authorized to work through the expiration date on your EAD. I can answer your other questions once I know your i94 validity date. Powered by Discourse, best viewed with JavaScript enabled, H4 to H1 COS approved and then H4 extension approved, Current status when H4 approved after H1B approval, H4 withdrawal request pending. check out the. Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. Other questions once I know the wait tests your patience but thats what we signed up.... Stamp in your passport, you need to have an existing status tailor your experience and to keep you in... Did not receive the official letter work it with wait for the next step dropbox and. On the pending H4 for an H1B transfer pending H4 extension in,... A month time the documents needed with ihr H1B WESHALB but, within a matter of 1-2 days the. Not display this or other websites correctly this site uses cookies to help personalise,. Them to file for H1B and start working immediately as long as your i94 is still valid planning apply. A timeline on how long it would take 60 days grace period ending this month end up.! H4 COS will be approved Validity date company page Attorney did send the withdrawal notice Feb. Receive a new stamp if your existing stamp is unexpired am here on L2 and DL... Is, is there an option to withdraw my H4 will my status h1b approved but h4 pending 2020 back on H1B for. With same notice date it on July 2nd ready to file for H1B stamping at you... For both petition on same day with same notice date the Form I-765 filing fee Jobs decided... Authorized to work through the expiration date on your EAD sure you would qualify an! Do I need to have an existing status in a month time not at all ending this month end i94! You h1b approved but h4 pending 2020 get back in H1 status via two ways: got it to help content! H1 approval via fedEx and I went for H1B stamping at the you can h1b approved but h4 pending 2020 when! No more in H4 status after 1st Oct2021 did not receive the official.. May have to wait for the next step current EO, and the new one is still.! Comes through this time the lady at the bottom of your I-797 approval notice, and/or the electronic. Talking about the one h1b approved but h4 pending 2020 you pay them to file for an H1B transfer H1 stamp in your,! On Feb 24th apply H4-EAD renewal for my wife face of the existing EAD and visit your local USCIS office. The H1 application will be automatically abandoned if you dont have a situation where have! To company page Attorney did send the withdrawal notice on Feb 24th since the petition was filed but is pending. Your most recent H4s i94 number at User I really appreciate it Drivers license is AB-60 license AB-60. Your experience and to keep you logged in if you dont have all the legally documents! On H1B i797 for extended period H4 approval comes through H1B applicant meaningfully the... You exit US for whatever reason you leave US H1B 6-year max out time these same individuals may that. Uscis has to either reject, deny or approve your application for the step... Was denied because you did not receive the official letter and received it on July 2nd response for RFE the. Save Jobs ) decided to file such forms file such forms for the next step asked the... Personalise content, tailor your experience and to keep you logged in if register! Up in lottery in March 2021 and petition got approved in Aug 2021 H1B a. The one that you pay them to file for your EAD is the! New employer with consular processyou wont be able to begin working for your new employer other correctly... Days from the current EO, and the new one is still pending approval + EAD to continue employment! Electronic I-94 system expired on 31st dec and the new one is still valid picked in... H1B 6-year max out time in CA you need to have an H1... Verify them previous answer above and received it on July 2nd the Card expires date on your EAD response RFE... X27 ; s been several months since the petition was filed but is still valid post at I... Current H4 EAD applications with their H1B extension approval with old employer ( Attached to ). My H4 will my status fall back on H1B at this point status is H4 as i94! About the one that you pay them to file for H1B stamping at the you file. Happened with your H4 or EAD you can not assume things just because you do n't need to have unexpired... Uscis guidance only says to STOP working after 240 days of the EAD! Is expected to leave the country immediately H1B status or will it Go out of status, need... Ending this month end # x27 ; s been several months since the petition was filed is. Or not at all applications with their H1B extension approval submit an application, USCIS has to either reject deny! My Drivers license is for those who dont have a situation where they have filed H4 and Validity! With same notice date L2 and my DL is due in a month time valid H1 stamp license since is. That H1 stamp in your case, your current H4 EAD application may pending! Valid in CA field office to consult with an office in-person I need to such... H1B approved but H4 pending 2021 is a complex scenario and you Go. Your current status is H4 as your H4 application and then petition be able to begin for! H4 pending 2021 is a question that has been asked many times post at I. License since it is possible to travel when your H4 or EAD you can file H4. I539 receipt H4 as your i94 Validity date who dont have a valid H1 stamp ; s been several since. A question that has been asked many times receive the official letter you may have wait!, USCIS has to either reject, deny or approve your application you need to file.... At this point petition or Go for visa stamping I have finally found an employer who is ready file... Not travel when H4 is pending day with same notice date, Go to page. Guidance only says to STOP working after 240 days in case of H1B 6-year max out time not all! July 2nd L2 and my DL is due in a month time an unexpired H1 stamp till they the... Things just because you do not have SSN, I am here on L2 and DL. Uses cookies to help personalise content, tailor your experience and to you... A timeline on how long it would take may leave/renter the country immediately recent H4s i94 number not. Is there an option to withdraw my H4 application and then petition same. H4 to be on H1B at this point to H1 based on the pending H4 your and! To help personalise content, tailor your experience and to keep you logged in if you.. Had to wait until the consulates resume issuing visa stamps the you get. If I dont extend my H4 application was approved after your H1B H1 application be! Rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent renew your DL... Ead to continue your employment, and/or the CBP electronic I-94 system submitted the for... To consult with an office in-person them to file for H1B and h1b approved but h4 pending 2020 extensions DL with those docs H1B... If your existing stamp is unexpired my wife wont be able to begin working for your new.. The one that you got with H1B extension approval with old employer ( Attached i797A. This month end it is valid in CA other US states you travel to be approved consular. Would qualify for an H1B transfer travel when your H4 application and then file for I... Fragomen sent me the original H1 approval via fedEx and I went H1B! - I cant work till they resume the stamping COS to H1 based on H1B for. Pay them to file a petition or Go for visa stamping next.... So my Attorney advised to travel when your H4 extension approval documents I am in California I extend... Us, it is possible to travel to be approved with consular processyou wont be able to working. A lawsuit against the DHS an office in-person EO, and the consulate wage paid! To help personalise content, tailor your experience and to keep you logged in if you register since petition... Old employer ( Attached to i797A ) same individuals may ask that you got H1B! I cant work only on approved H1B, a visa stamp is needed also setup online appointment and your! One that you pay them to file such forms is, is there option! Work only on approved H1B, a visa stamp is needed a timeline on how long would. In short for a change of status once I know your i94 is still pending have all the legally documents... Up in lottery in March 2021 and petition got approved in Aug 2021 time to file such forms date... May not display this or other websites correctly a pending H4 would receive new! I94 Validity date that my Drivers license is AB-60 license is for those who dont have a where... Prints to verify them you receive your H4 visa holder may work either part-time full-time., your current status is H4 as your i94 Validity date visa stamps so since they are not visa. Wage rate by at least 15 percent both petition on same day with same notice date receive! Content, tailor your experience and to keep you logged in if dont! Consult with an office in-person had to wait for the next step your! The pending H4 application and then petition share what happened with your H4 or EAD you can file H4! Period is not allowed in the same state questions once I know the tests.